MEDHABRATA BURAGOHAIN v. ASSAM PUBLIC SERVICE COMMISSION AND 4 ORS.
WP(C)/2053/2024 · 2025-02-10
Arun Dev Choudhury
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 10412 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 10412 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/4 GAHC010072442024
2025:GAU-AS:1398
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2053/2024 MEDHABRATA BURAGOHAIN S/O DIBAKAR BURAGOHAIN, R/O MISSION COMPOUND, P.O.- JORHAT, P.S.- JORHAT, DIST.- JORHAT, ASSAM, PIN- 785014. VERSUS ASSAM PUBLIC SERVICE COMMISSION AND 4 ORS.
REP. BY ITS CHAIRMAN, JAWAHARNAGAR, KHANAPARA, GUWAHATI- 22. 2:SECRETARY ASSAM PUBLIC SERVICE COMMISSION APSC JAWAHARNAGAR KHANAPARA GUWAHATI- 22.
3:PRINCIPAL CONTROLLER OF EXAMINATION APSC JAWAHARNAGAR KHANAPARA GUWAHATI- 22.
4:STATE PUBLIC INFORMATION OFFICER APSC JAWAHARNAGAR KHANAPARA GUWAHATI- 22.
5:MUNMI BORDOLOI ASSISTANT PROFESSOR DEPT. OF BBA
Page No.# 2/4 CKB COMMERCE COLLEGE KAMAR BHANDHA ROAD NEAR CIRCUIT HOUSE P.O.- JORHAT P.S.- JORHAT SADAR DIST.- JORHAT ASSAM PIN- 785001 Advocate for the Petitioner : MR. N J DUTTA, MR A BASUMATARY,MR. K D SARMA Advocate for the Respondent : SC, APSC,
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER 11.02.2025
1. Heard Mr. A. Basumatary, learned counsel for the petitioner. Also heard Mr. T. J. Mahanta, learned Senior Counsel assisted by Ms. P. Sharma, learned counsel representing the APSC. 2. The petitioner participated in the selection process for recruitment to the services/posts of Assam Civil Service (Jr. Grade) and Allied Services pursuant to advertisement dated 22.12.2022 issued by the respondent No. 2 i.e. Secretary, Assam Public Service Commission. The petitioner cleared the preliminary examination as well as main examination and thereafter he was called for the interview and accordingly, appeared in the interview. However, when the result was declared, his name did not find place in the final result sheet and when the petitioner checked his marks which was available online, he found that a note was there to the effect that “invalid roll no. for General Studies Paper III”. 3. Being dissatisfied, the petitioner made an application under Right to Information Act, 2005 before the Assam Public Service Commission, requesting to
Page No.# 3/4 furnish the copy of the attendance sheet and the copy of the answer sheet. Accordingly, the petitioner was provided with the photocopy of the attendance sheet of the main examination and the photocopy of the front page of the question cum answer sheet. However, he was not given the complete answer sheet. 4. According to the petitioner, he found manipulation in the front page of question paper cum answer sheet provided to him inasmuch as it is his contention that his handwriting in the photocopy of the page do not match with the handwriting of the petitioner and accordingly, the present writ petition is filed. 5. The respondent Assam Public Service Commission has taken a stand that the petitioner himself had incorrectly written his Roll number in the question cum answer booklet in General Studies Paper-III. According to APSC, the Roll number allotted to the petitioner is 2302415, however, in the question cum answer booklet in General Studies Paper-III, the petitioner incorrectly mentioned his Roll No. as 230416 and therefore, such question paper could not be evaluated. 6. This Court has called for the answer sheet in General Studies Paper-III submitted by the petitioner and same is produced in a sealed cover. 7. It is seen from the booklet that the Roll No. of the petitioner was written as 230416, though, admittedly, the Roll number of the petitioner is 2302415.
Therefore, this Court cannot find fault with the Assam Public Service Commission in not evaluating such answer sheet in General Studies Paper-III of the petitioner inasmuch as it is the Roll number which is the only identity of a candidate for declaration of result. 8. It is expected from a candidate appearing in Civil Service Examination to write his Roll number correctly. Page No.# 4/4
9. The learned counsel for the petitioner argues that the handwriting of Roll number reflected in his answer sheet in General Studies Paper-III are found different to his handwriting. Therefore, a Forensic examination should be directed in this record. This Court is not inclined to accept such a contention of the petitioner inasmuch as on the basis of such bald and omnibus statement cannot be a basis for issuing such a direction in exercise of power of judicial review. 10. From the perusal of the answer sheet in General Studies Paper-III of the petitioner, it is seen that, there is no over writing in the first page and secondly; signature of the invigilator is there intact which was put on the date of examination on 09.05.2023 and such answer sheet is also having a QR Code. 11. Therefore, in the aforesaid backdrop, this Court cannot entertain the prayer of the petitioner. Accordingly, this writ petition stands dismissed. 12. The answer sheet is returned back in the envelop given to Ms. P. Sharma,
learned counsel assisting Mr. T. J. Mahanta, learned Senior counsel representing the APSC.
JUDGE Comparing Assistant